The Liability of Strikers in The Law of Tort: A Comparative Study of the Law in England and Canada

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England, Canada, Liability, Trade Union, Industrial Relations, Controversy


In the 1960's in England and Canada courts at the highest level have discovered new grounds upon which to base liability for trade union activities. In England a Royal Commission on Trade Unions and Employer Associations, under the chairmanship of Lord Donovan, is considering reforms in the broad structure of the law that underlies English industrial relations. The appointment of the Royal Commission is a direct result of the 1964 House of Lords decision in Rookes v. Bernard, which created a new base for liability in trade disputes and caused considerable public controversy.